Expert: Dick Rogers - 3/17/2008

Question
My family and I live in a small town and we've recently had a couple of neighbor disputes.On 10-27-08 my daughter let her dog (8lb Mut Daisy)outside to make a nature call.While my daughter was putting on her shoes Daisy was attacked on our frontporch by a Rottweiler and a Husky/Doberman mix owned by our neighbor.I called my local Police Station and an Officer responded within 10 minutes.The Officer asked me what happened and then the neighbor.I then asked the Officer if she was going to issue a ticket to the neighbor or write a report so I could have proof to recover the cost of Vet bills.The Officer informed me she wasn't writing anything that would be up to our Parish Animal Control Officer.After he arrived he did issue a ticket and impounded the dogs for about a week.Before the Animal Control Officer left I told him the neighbor lets her dogs run free alot and what do I do next time?He said give Animal Control a call but he would have to see them out with his own eyes or an attack would have had to happen.He said "If I would issue a ticket just on your,your family or friends statement it would be wrong because it may not be the truth".I agree.We settled with the neighbors Homeowners Insurance just for the amount of the Vet bills.On 3-6-08 my kids where playing in our yard when my wife opened the door and my daughters dog ran outside.My wife gave chase catching the dog still in our yard.As my wife was picking up the dog a friend of the neighbors was driving by and stopped her car turning around and pulling into the neighbors driveway.She then began blowing her horn until someone came outside.Within 5 minutes of the blowing of the horn there was about 8 adults in the neighbors yard cursing,yelling and one of the men picked up a large stick and ran to the edge of the road saying" Come-on,Come-on,I'll FU up,bring your punk A husband now".At the very time this was going on I called my wife to tell her to make my Coffee and heard the yelling.I asked her what was going on and to get her and the kids inside.I asked did you call the Police and she said it just happened.I called 911 and told them where I live and stayed on the phone until turning on my road.My last words where "The Police just turned on my street and I'm turning in behind them thank you.I parked my van and was standing by the ditch when the Officer exited his car.I told him I'm the one that called 911 and there is the man making the threats.The neighbor said no I called because their dog was out.While the Officer (Sgt)was talking to the neighbor and their friends another Police car pulled behind his and out stepped the Chief.They both then came to talk to my wife and the Sgt issued her a ticket for Animal at Large.The Sgt then asked me if I was the brother of a known felon(he asked by name)and I told him she is my half sister that I wasn't raised with and have no contact.I then asked the Sgt to get the name of the man making the threats so I could get a restraining order.The Sgt standing right beside the Chief said I'm not giving you his name.After the Police left I researched Restraining Orders on line and it says every citizen has the right to protect himself or his family with a restraining order and could get the name of the person with a Lawyer.I then went to the Police Station to ask if a lawyer could get the name of the man.The Sgt and the Chief about to leave so I asked the Sgt could a Lawyer get the mans name?The Sgt said I didn't get his name.As the Chief walked out the Sgt asked me to come into his office.He Sgt said he was working on the report and he needed my wifes number.I said "My number is".He said"No your wifes number".I said"Our home number is".Again he said"No you wifes number".I gave him the number and went home but I seemed strange that he needed her cell number.The next morning I went back to the Police Station to speak to the Chief.I asked the Chief what do you need from someone when you respond to a call or write a ticket?The Chief said "A pictured ID so we know who the person is and maybe other things".I said "Like maybe a home phone number?" The Chief said "Yes that maybe helpful".I said "If a home phone is offered would you not want that and instead want the cell phone?"The Chief paused for a minute and about the sametime him and the secretary said"Yes sometime we do need a cell number instead of a home phone".I told them that was very strange and I've never heard of that.I then asked the Chief "Why didn't yall make a report on my 911 call".The Chief said "The Officer was already at the scene before the call was made".I told him that was a lie.Can you please answer these questions? How does the Police know that the man is not on Probation or Parole that made the threats without running his license?Can I get the recordings of my 911 call and is Police dispatch calls voice and time recorded?Why didn't the Officer write a ticket to the neighbors when our dog was attacked?Why did my wife get a ticket just on the word of the neighbor when I have to call Animal Control and the Officer must see with his own eyes?What does my relation to a felon have to do with any of this and can I get a Judge to order a Polygraph on all parties involved INCLUDING the Police?  P.S. This may seem alot just for an Animal at Large ticket but I'm very mad about being treated UNFAIR.I'm a Proud Vet of the US MARINES(SERVED WITH HONOR),a State Licensed Journeyman Plumber,a husband and a father who has the right to protect my family.I know I have rights because I was sworn to protect them while in the military and I'm NOT going to be denied them by someone that doesn't know their job or refuses to do it.I would VERY thankful for any answers you could give me.

Answer
John, I normally do not respond to questions involving neighborhood disputes, but you took a lot of time to pose this question and you seem to be quite upset about it.  First off, these type of disputes usually do not end well.  It appears that at one point it came close to a physical assault.  I think that you seem to live in a volatile neighborhood.  Not much can be done about that except to move away...probably not an option.  The next best thing is to try and avoid setting the stage for confrontation...namely, finding a way assure your dog is not part of the problem.  Doesn't it seem somewhat absurd that peoples' reactions to what a dog does sets the stage for a major confrontation?  As to your questions...most of them are things a cannot address as they are part of the conditions of where you live...including the response of your animal control people and the police.  When the "chief" shows up at a neighborhood dispute it tells me that you have a very small police department.  None the less, the police must act in a uniform manner...if you are unhappy with their performance, you can always go to the city council and complain about the procedures.  Your reference to the animal control people not issuing a citation because they did not "see" the illegal activity goes back to the basic elements of a misdemeanor crime...if the crime is not witnessed by the officer or official, they cannot act...in most jurisdictions, if this is the case, the person is informed that they can make a "citizen's arrest" in which case the police take custody of your prisoner and transport him/her to jail and then you follow up with filing the case and appearing in court.  As you can see, this can result in a rather involved and irritating series of events.  A person must use extremely good judgement in making such an arrest...and it is possible that this type of procedure is not allowed in your state.  You might check about this before contemplating anything so dramatic. I applaud you service to your country but I also must tell you that we do not live in a perfect world and I think you best avenue to action would be to try and keep clear of disputes that lead to the type of frustration you are experiencing now.  I wish you good luck and peace in the future.